1. May 7, 2018 John Katz Federal Energy Regulatory Commission
Clean Water Act Section Guardian of Water Quality or Political Hammer?
May 7, 2018
John Katz
Federal Energy Regulatory Commission

2. Commission Jurisdiction
Natural Gas Pipelines – siting, rates, and tariffs
Hydropower Projects – cradle to grave siting; no rate authority
Oil Pipelines – rates and tariffs: no siting
Little electric transmission siting authority; rates and tariffs
Commission Jurisdiction

3. Other Authorities -- Clean Water Act -- Clean Air Act
-- Endangered Species Act
-- National Historic Preservation Act
-- Treaties, interstate compacts
Other Authorities

4. Hydro: Section 401 certifications significant for decades Gas Pipelines: certifications only recently noteworthy
History

5. ISSUES Waiver of certification Breadth of state interest
Denial of certification
ISSUES

6. Millennium
Constitution
Northern Access
Recent Cases